This chapter shall be known as the adult-oriented business ordinance
of the city of Loma Linda.
(Ord. 566 § 2, 1998)
It is the intent of this chapter to prevent community wide adverse
economic impacts, increased crime, decreased property values, and
the deterioration of neighborhoods which can be brought about by the
concentration of adultoriented businesses in close proximity to each
other or proximity to other incompatible uses such as parks, schools,
houses of worship, residential uses, and residential zones. The city
council finds that it has been demonstrated in various communities
that the concentration of adult-oriented businesses causes an increase
in the number of transients in the area, and an increase in crime
and in addition to the effects described above, can cause other businesses
and residents to move elsewhere. It is, therefore, the purpose of
this chapter to establish reasonable and uniform regulations to prevent
the concentration of adult-oriented businesses or their close proximity
to incompatible uses, while permitting the location of adult-oriented
businesses in certain areas.
(Ord. 566 § 2, 1998)
As used in this chapter:
means and includes any of the following:
The opening or commencement of any adult-oriented business as
a new business;
The conversion of an existing business, whether or not an adult-oriented
business, to any adult-oriented business defined herein;
The addition of any of the adult-oriented businesses defined
herein to any other existing adult-oriented businesses; or
The relocation of any such adult-oriented business.
means and includes any of the following:
Less than completely and opaquely covered human: (a) genitals
or pubic region; (b) buttocks; and (c) female breast below a point
immediately above the top of the areola;
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered;
Any device, costume or covering that simulates any of the body
parts included in subsections (B)(1) or (2) of this section.
means and includes any of the following, whether performed
directly or indirectly through clothing or other covering:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breast;
Sex acts, actual or simulated, including intercourse, oral copulation,
or sodomy;
Masturbation, actual or simulated;
Excretory functions as part of or in connection with any of
the other activities described in subsections (C)(1) through (3) of
this section.
means any one of the following:
"Adult arcade"
means an establishment where, for any form of consideration,
one or more still or motion picture projectors, or similar machines,
for viewing by five or fewer persons each, are used to show films,
computer generated images, motion pictures, video cassettes, slides
or other photographic reproductions thirty percent or more of the
number of which are distinguished or characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas.
"Adult bookstore"
means an establishment that has thirty percent or more of
its stock in books, magazines, periodicals or other printed matter,
or of photographs, films, motion pictures, video cassettes, slides,
tapes, records or other form of visual or audio representations which
are distinguished or characterized by an emphasis upon the depiction
or description of specified sexual activities and or specified anatomical
areas.
"Adult cabaret"
means a nightclub, restaurant, or similar business establishment
which: (a) regularly features live performances which are distinguished
or characterized by an emphasis upon the display of specified anatomical
areas or specified sexual activities; and/or (b) which regularly features
persons who appear semi-nude; and/or (c) shows films, computer generated
images, motion pictures, video cassettes, slides, or other photographic
reproductions thirty percent or more of the number of which are distinguished
or characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
"Adult hotel/motel"
means a hotel or motel or similar business establishment
offering public accommodations for any form of consideration which:
(a) provides patrons with closed-circuit television transmissions,
films, computer generated images, motion pictures, video cassettes,
slides, or other photographic reproductions thirty percent or more
of the number of which are distinguished or characterized by an emphasis
upon the depiction or description of specified sexual activities or
specified anatomical areas; and (b) rents, leases, or lets any room
for less than a six hour period, or rents, leases, or lets any single
room more than twice in a twenty-four-hour period.
"Adult motion picture theater"
means a business establishment where, for any form of consideration,
films, computer generated images, motion pictures, video cassettes,
slides or similar photographic reproductions are shown, and thirty
percent or more of the number of which are distinguished or characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas.
"Adult theater"
means a theater, concert hall, auditorium, or similar establishment
which, for any form of consideration regularly features live performances
which are distinguished or characterized by an emphasis on the display
of specified anatomical areas or specified sexual activities.
"Modeling studio"
means a business which provides for pecuniary compensation,
monetary or other consideration, hire or reward, figure models who,
for the purposes of sexual stimulation of patrons, display "specified
anatomical areas" to be observed, sketched, photographed, painted,
sculpted or otherwise depicted by persons paying such consideration.
"Modeling studio" does not include schools maintained pursuant to
standards set by the State Board of Education. "Modeling studio" further
does not include a studio or similar facility owned, operated, or
maintained by an individual artist or group of artists, and which
does not provide, permit, or make available "specified sexual activities."
means a structure which is used primarily for religious worship
and related religious activities, such as churches, synagogues, mosques,
or temples.
means and refers to the dominant or essential theme of the
object described by such phrase. For instance, when the phrase refers
to films "which are distinguished or characterized by an emphasis
upon" the depiction or description of specified sexual activities
or specified anatomical areas, the films so described are those whose
dominant or predominant character and theme are the depiction of the
enumerated sexual activities or anatomical areas. See Prinale v. City
of Covina, 115 Cal.App.3 151 (1981).
with respect to an adult theater or adult cabaret, means
a regular and substantial course of conduct. The fact that live performances
which are distinguished or characterized by an emphasis upon the display
of specified anatomical areas or specified sexual activities occurs
on two or more occasions within a thirty day period; three or more
occasions within a sixty day period; or four or more occasions within
a one hundred eighty day period, shall to the extent permitted by
law be deemed to be a regular and substantial course of conduct.
means any child or day care facility, or an institution of
learning for minors, whether public or private, offering instruction
in those courses of study required by the California Education Code
and maintained pursuant to standards set by the State Board of Education.
This definition includes a nursery school, kindergarten, elementary
school, middle or junior high school, senior high school, or any special
institution of education, but it does not include a vocational or
professional institution of higher education, including a community
or junior college, college, or university.
means a state of dress in which clothing covers no more than
the genitals, pubic region, buttocks, areola of the female breast,
as well as portions of the body covered by supporting straps or devices.
(Ord. 566 § 2, 1998)
No adult-oriented business shall be established or located in
any zone in the city other than the commercial manufacturing (CM)
zone or within certain distances of certain specified land uses or
zones as set forth below:
A.
No
such business shall be established or located within five hundred
feet of any other adult-oriented business.
B.
No
such business shall be established or located within five hundred
feet from any parks, schools, houses of worship, or residential zones.
C.
The
distances set forth above shall be measured distance of travel along
a public street or a private street approved by the city to provide
street frontage in lieu of a public street from the closest property
line of the adult-oriented business to the property lines of the property
so zoned or used without regard to intervening structures.
(Ord. 566 § 2, 1998; Ord. 764 § 2, 2021)
Any use of real property existing as of the effective date of the ordinance codified in this chapter which does not conform to the provisions of Section 17.90.040 of this chapter, but which was constructed, operated, and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for a maximum period of two years. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the city council in accordance with the provisions of Section 17.90.060 of this chapter.
A.
Abandonment.
Notwithstanding the above, any discontinuance or abandonment of the
use of any lot or structure as an adult-oriented business shall result
in a loss of legal nonconforming status of such use.
B.
Amortization—Annexed Property. Any adult-oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of Section 17.90.040 of this chapter shall be terminated within one year of the date of annexation unless an extension of time has been approved by in accordance with the provisions of Section 17.90.060 of this chapter.
(Ord. 566 § 2, 1998)
The owner or operator of a nonconforming use as described in Section 17.90.050 of this chapter may apply under the provisions of this section to the city council for an extension of time within which to terminate the nonconforming use.
A.
Time and Manner of Application. An application for an extension of time within which to terminate a use made nonconforming by the provisions of Section 17.90.040 of this chapter, may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the city clerk at least ninety days but no more than one hundred eighty days prior to the time established in Section 17.90.050 of this chapter for termination of such use.
B.
Content
of Application—Fees. The application shall state the grounds
for requesting an extension of time. The filing fee for such application
shall be the same as that for a zoning variance as is set forth in
the schedule of fees established by resolution from time to time by
the city council.
C.
Hearing
Procedure. The city manager shall set the matter for hearing before
the city council within forty-five days of receipt of the application.
All parties involved shall have the right to offer testimonial, documentary
and tangible evidence bearing on the issues; may be represented by
counsel; and shall have the right to confront and crossexamine witnesses.
Any relevant evidence may be admitted that is the sort of evidence
upon which reasonable persons are accustomed to rely in the conduct
of serious affairs. Any hearing under this section may be continued
for a reasonable time for the convenience of a party or a witness.
The decision of the hearing officer shall be final and subject to
judicial review pursuant to Code of Civil Procedure Section 1094.6.
D.
Approval
of Extension—Findings. An extension under the provisions of
this section shall be for a maximum period of time commensurate with
the investment involved, but shall not exceed a total of five years,
and shall be approved only if the city council makes all of the following
findings or such other findings as are required by law:
1.
The
applicant has made a substantial investment (including but not limited
to lease obligations) in the property or structure on or in which
the nonconforming use is conducted; such property or structure cannot
be readily converted to another use; and such investment was made
prior to the effective date of the ordinance codified in this chapter;
2.
The
applicant will be unable to recoup said investment as of the date
established for termination of the use; and
(Ord. 566 § 2, 1998)
